Centre justifies Prez rule in Arunachal
NEW DELHI, Jan 29, 2016, DHNS:
Govt urges court to dismiss petition by Cong leaders
The Union government on Friday underscored before the Supreme Court breakdown of law and order, prevailing war-like situation in Arunachal Pradesh, involvement of outlawed NSCN (K) in pressuring dissidents MLAs and reduction of the Congress government to minority to justify imposition of the President's Rule.
In an affidavit filed by Attorney General Mukul Rohatgi, the Union Home Ministry submitted that under Article 174 of the Constitution, the time lag between two sitting should not be more than six months which had lapsed on January 21.
Besides, the Centre further said, since the Nabam Tuki government has held December 16 Assembly session, held in a community hall at Itanagar, as invalid, there will be Constitutional breakdown due to six months break and, if it is not so or the session was valid, then the current government is in minority.
“The governor himself has reported that the law and order situation was absolutely unsatisfactory in capital complex and a war like scenario has been observed and the state cabinet itself participated in the agitation,” the Centre said, citing the reports from Raj Bhawan.
“There was complete breakdown of law and order of the constitutional machinery in the state and the governor has recommended for taking special measures including exercising power under Article 356 of the Constitution,” it added.
The government urged the court to dismiss the petition by Congress leader Rajesh Tacho and others as “misconceived” since they had challenged the Centre’s recommendation for the President’s Rule, though subsequent development has taken place on January 26.
Relying upon Governor Jyoti Prasad Rajkhowa’s reports, the affifavit stated when 34 MLAs wanted to meet the gGovernor on December 17, they were prevented by Congress members as well as NSUI volunteers, the home minister himself was leading the agitation.
In an affidavit filed by Attorney General Mukul Rohatgi, the Union Home Ministry submitted that under Article 174 of the Constitution, the time lag between two sitting should not be more than six months which had lapsed on January 21.
Besides, the Centre further said, since the Nabam Tuki government has held December 16 Assembly session, held in a community hall at Itanagar, as invalid, there will be Constitutional breakdown due to six months break and, if it is not so or the session was valid, then the current government is in minority.
“The governor himself has reported that the law and order situation was absolutely unsatisfactory in capital complex and a war like scenario has been observed and the state cabinet itself participated in the agitation,” the Centre said, citing the reports from Raj Bhawan.
“There was complete breakdown of law and order of the constitutional machinery in the state and the governor has recommended for taking special measures including exercising power under Article 356 of the Constitution,” it added.
The government urged the court to dismiss the petition by Congress leader Rajesh Tacho and others as “misconceived” since they had challenged the Centre’s recommendation for the President’s Rule, though subsequent development has taken place on January 26.
Relying upon Governor Jyoti Prasad Rajkhowa’s reports, the affifavit stated when 34 MLAs wanted to meet the gGovernor on December 17, they were prevented by Congress members as well as NSUI volunteers, the home minister himself was leading the agitation.
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